This document records the delegation of
Council functions, responsibilities, duties, and powers to Community Boards.

The Community Boards have been established
under section 49 of the Local Government Act 2002 to represent, and act as an
advocate for, the interests of their community.

The delegations are expressed in general
terms. The delegations shall be exercised with proper regard for the
Council’s strategic direction, policies, plans, Standing Orders and its
interpretation of its statutory obligations. The delegations are to be
read together with the following propositions.

These delegations are based on the following
principles:

·Issues relevant to a specific community should
be decided as closely as possible to that community. Where an issue has
city-wide implications, ie any effects of the decision cross a ward or
community boundary or have consequences for the city as a whole, the matter
will be decided by Council after seeking a recommendation from the relevant
Community Board or (any ambiguity around the interpretation of
“city-wide” will be determined by the Mayor and Chief Executive in
consultation with the relevant Chair);

·Efficient decision-making should be paramount;

·Conflicts of interest should be avoided and
risks minimised;

·To ensure processes are free from bias and
pre-determination Community Boards should not adjudicate on issues on which
they have advocated or wish to advocate to Council;

·Community Boards should proactively and
constructively engage with residents on local matters that affect the community
they represent and raise with Council issues raised with them by their
community and advocate on behalf of their community.

These delegations:

(a)do not delegate any function, duty or power
which a statute (for example section 53(3) and clause 32(1) of Schedule 7 of
the Local Government Act 2002) prohibits from being delegated;

(b)are subject to and do not affect any delegation
which the Council has already made or subsequently makes to any other
committee, Council officer or other member of staff;

(c)are subject to any other statutory requirements
that may apply to a particular delegation;

(d)are subject to any notice issued by the Council, from time to time,
to a Community Board that a particular issue must be referred to Council for
decision;

(e)reflect that decisions with significant
financial implications should be made by Council (or a committee with delegated
authority);

(f)promote centralisation of those functions where
the appropriate expertise must be ensured; and

(g)reflect that all statutory and legal
requirements must be met.

DELEGATIONS

Decide:

·Naming new roads and alterations to street names
(in the Community Board’s area).

·Removal and/or planting of street trees within
the provisions of Council’s Operational Guide for Urban Forest Plan where
a dispute arises that cannot be resolved at officer level. Note [2]

·The granting of leases and licences in terms of
Council policy to voluntary organisations for Council owned properties in their
local area, for example, halls, but not including the granting of leases and
licences to community houses and centres.

·The granting of rights-of-way and other
easements over local purpose reserves and granting of leases or licences on
local purpose reserves.

·The granting of leases and licences for new
activities in terms of Council policy to community and commercial organisations
over recreation reserves subject to the provisions of the Reserves Act 1977 and
land managed as reserve subject to the provisions of the Local Government 2002,
in their local area. (Note: renewal of existing leases and licences
will be reported once a year to Council’s City Development Committee).

·The allocation of funding from the Community
Engagement Fund in accordance with Council’s adopted guidelines.

·Expenditure of funds allocated by the Council to
the Board from the Miscellaneous Budget to cover expenditure associated with
the activities of the Board. The Chair to approve expenditure, in
consultation with the Board, and forward appropriate documentation to the Committee
Advisor for authorisation. Boards must not exceed their annual
expenditure from the Miscellaneous Budget.

·The allocation of funding for the training and
development of Community Board or members, including formal training courses,
attendance at seminars or attendance at relevant conferences.

Consider and make recommendations to Council on:

·Particular issues notified from time to time by
Council to the Community Board.

·Roading issues considered by the Mayor and Chief
Executive to be strategic due to their significance on a city-wide basis,
including links to the State Highway, or where their effects cross ward or
community boundaries.

·Parks, reserves and sports ground naming for
sites that have a high profile, city-wide importance due to their size and
location and/or cross ward or community boundaries.

·Representatives to any Council committee,
subcommittee, subordinate decision-making body, working group, or ad hoc group
on which a Community Board representative is required by Council.

·The setting, amending or revoking of speed
limits in accordance with the Hutt City Council Bylaw 2005 Speed Limits,
including the hearing of any submissions.

GENERAL FUNCTIONS

Provide their local community’s
input on:

·Council’s Long Term Plan and/or Annual
Plan.

·Council’s policies, programmes (including
the District Roading Programme) and bylaws.

·Changes or variations to the District Plan.

·Resource management issues which it believes are
relevant to its local community, through advocacy.

·The disposal or acquisition of significant
assets.

·Road safety including road safety education
within its area.

·Any other issues a Board believes is relevant to
its local area.

·Review Local Community Plans as required.

Reports may be prepared by the Board and
presented to Council Committees, along with an officer’s recommendation,
for consideration.

Any submissions lodged by a Board or
Committee require formal endorsement by way of resolution.

Co-ordinate with Council staff:

·Local community consultation on city-wide issues
on which the Council has called for consultation.

Maintain:

·An overview of roadworks, water supply,
sewerage, stormwater drainage, waste management and traffic management for its
local area.

·An overview of parks, recreational facilities
and community activities within its local area.

Develop:

·Community Response Plans in close consultation
with the Wellington Region Emergency Management Office, emergency
organisations, the community, residents’ associations, other community
groups, and local businesses. The Community Response Plans will be
reviewed on an annual basis.

Grant:

·Local community awards.

Promote:

·Recreational facilities and opportunities in its
area with a view to ensure maximum usage.

·Arts and crafts in its area.

Appoint:

·A liaison member or, where appropriate,
representatives to ad hoc bodies, which are involved in community activities
within the Board’s area, on which a community representative is sought.

Endorse:

1.Amendments to the Eastbourne Community Trust
Deed (Eastbourne Community Board only).

HUTT CITY COUNCIL

Wainuiomata Community Board

Meeting
to be held in the Wainuiomata Community Library, Queen Street, Wainuiomataon

Wednesday
7 November 2018 commencing at 7.00pm.

ORDER
PAPER

Public Business

1.APOLOGIES

No
apologies have been received.

2. Special Announcement - Community Spirit Awards (18/1689)

Announcement of the Community Spirit
Awards Community Spirit Award winners.

3. PUBLIC
COMMENT

Generally up to 30 minutes is set
aside for public comment (three minutes per speaker). Speakers may be asked
questions on the matters they raise.

4.CONFLICT
OF INTEREST DECLARATIONS

5. Minutes

Meeting minutes Wainuiomata Community Board, 5
September 2018 9

6. Report referred for BOARD input before being
considered by SUBCommittee of Council

Fraser
Colman Grove - Proposed No Stopping At All Times Restrictions (18/1706)

Report
No. WCB2018/5/297 by the Traffic Engineer 17

7. Community Engagement Fund 2018-2019 (18/1696)

Memorandum
dated 23 October 2018 by the Community Advisor - Funding and Community
Contracts 21

With reference to section 32 of
Standing Orders, before putting a question a member shall endeavour to obtain
the information. Questions shall be concise and in writing and handed to the
Chair prior to the commencement of the meeting.

Judy Randall

COMMITTEE ADVISOR

16 5
September 2018

HUTT CITY COUNCIL

Wainuiomata Community Board

Minutes of a meeting
held in the Wainuiomata Community Library, Queen Street, Wainuiomata on

Wednesday
5 September 2018 commencing at 7.00pm

PRESENT:

Mr G
Tupou (Chair)

Cr C Barry

Cr J Briggs

Ms K Brown

Mr T
Stallworth

Ms S
Tuala-Le’afa

Ms J Winterburn

APOLOGIES: Mr R Sinnott

IN ATTENDANCE: Mayor WR Wallace (part meeting)

Mr L Allott, Chief Information Officer

Mr D Wood, Traffic Engineer

Ms
J Randall, Committee Advisor

PUBLIC
BUSINESS

The Chair provided a Karakia.

1.APOLOGIES

Resolved: (Mr
Tupou/Cr Briggs) Minute
No. WCB 18401

“That the apology
received from Mr Sinnott be accepted and leave of absence be granted.”

Ms Brown made the statutory
declaration required by Clause 14, Schedule 7 of the Local Government Act
2002 witnessed by Mayor Wallace. She gave a whaikōrero and reinforced
her desire to advocate for the Wainuiomata Community, promote positive change
and seize opportunities.

PRECEDENCE
OF BUSINESS

In
accordance with Standing Order 10.4, the Chair accorded precedence to item 4,
Statutory Briefing.

3. PUBLIC
COMMENT

Comments are recorded under the
item to which they relate.

Speaking under public comment,
Ms L Olsen advised the following:

·Russell Road had a continual problem with speeding cars.

·A blind corner on the paper road from the Marae had been the
cause of several near-miss accidents. She requested Council take action before
there was an accident.

·She considered the homeless from all cultures in Wainuiomata had
their mana trampled by not having homes. She advised action was needed
immediately to address the homeless situation in Wainuiomata.

In response to questions from
members, Ms Olsen considered speed humps would be the most useful traffic
slowing measure at the Marae. She suggested members attend Marae meetings to
hear more about the homeless situation.

The Traffic Engineer agreed to
investigate whether the Marae road was privately or publicly owned.

4.

Statutory Briefing (18/1383)

Report
No. WCB2018/4/218 by the General Counsel

Mayor Wallace
elaborated on the report highlighting matters of particular relevance to the
newly elected member in respect of the Acts. He welcomed Ms Brown and said he
looked forward to working with her for the remainder of the triennium.

Resolved: (Mr
Tupou/Ms Tuala-Le'afa) Minute
No. WCB 18402

“That
the Board notes the legislative provisions affecting the member.”

5. Presentation

Presentation by a Representative from ‘Love
Wainuiomata’ (18/1439)

Ms King advised that a ‘Love Wainuiomata’
funding request to Council had been successful with a funding grant of
$100,000 per year provided over three years. Love Wainuiomata (the
group) intended engaging with the community and with local businesses to consult
on what was needed in the community. She said the group was committed
to working collaboratively with Council officers on projects such as seating,
bins and making footpaths safer. The group anticipated undertaking hands-on
projects such as a river clean up as well as holding events including youth
focused events. The group would be working with local groups such as
churches, the Lions, the Wainuiomata Historical Museum, schools and the
Shared Pathway group. Ms King advised the group planned to make use of the
‘Welcome to Wainuiomata’ signs for promotional material. The
group intended promoting Wainuiomata as a tourist and visitor destination and
was planning a video for this purpose.

In response to questions from members, Ms King
advised the group’s focus was on providing play equipment for young
people and children in the shopping centre area. She noted there were other
services in the area being used by parents and it had a high public
presence. This helped discourage covert activity and encouraged better use of
the equipment. Ms King indicated the group would support advocacy for more
Council spending in Wainuiomata.

Cr Barry advised the Wainuiomata Shopping Centre
could be eligible for funding through the Suburban Shopping Centres
Improvement Fund. He noted this might assist with future opportunities.

6.CONFLICT
OF INTEREST DECLARATIONS

There
were no conflict of interest declarations.

7. Minutes

Resolved: (Mr
Tupou/Mr Stallworth) Minute
No. WCB 18403

“That the minutes of the meeting of the
Wainuiomata Community Board held on Wednesday,
13 June 2018, be confirmed as a true and correct record.”

8. Reports referred for Committee input before
being considered by Council

The
Traffic Engineer elaborated on the report. He advised that consultation on
the proposed traffic control changes in the report closed on Friday 31
August. 60 consultation documents were delivered to local residents and
eight were received back. Seven submissions received were in support of the
proposal and one was in partial support.

In
response to a question from a member, the Traffic Engineer advised that if
Give Way signs were installed on Moores Valley Road it could create problems
when buses were waiting, due to the width of the road.

ReSOLVED: (Mr
Tupou/Cr Briggs) Minute
No. WCB 18404

“That the Wainuiomata
Community Board endorses the recommendations contained within the
officer’s report.”

b)

Smokefree
Queen Street, Wainuiomata (18/1211)

Memorandum
dated 16 July 2018 by the Committee Advisor

Ms
Tuala Le’afa advised that Queen Street businesses were clear they
did not want to enforce a smokefree area. Ms Winterburn added that businesses
did not believe the smokefree designation would work but equally did not
believe it would affect their patronage.

Cr
Briggs suggested the smokefee area was too limited and proposed it be
extended to the opposite side of Queen Street. He requested that members note
Homedale Village and the Norfolk Street shopping centre were also areas with
the potential to become smokefree.

ReCOMMENDED: (Mr
Tupou/Ms Winterburn) Minute
No. WCB 18405

“The Board requests that Council:

(i)designates the area of Queen Street in
Wainuiomata attached as Appendix 3 to the memorandum as a smokefree area;

(ii)includes the footpath and carparking area on other side
of street adjacent to the current designated area; and

(iii)continues to work alongside Healthy Families and
Regional Public Health to allow families to have the best outcomes possible.”

For the reason that this option will increase the number of
smokefree outdoor public places with a particular focus on areas where
children and families congregate and socialise and where the impact from the
visibility of smoking is greatest.

9.

Chair's Report (18/1442)

Report
No. WCB2018/4/124 by the Chair

The
Chair requested that members actively encourage nominations from the
community for the Community Spirit Awards.

Cr
Barry recommended the Young Elected Members Hui as a valuable opportunity for
learning and information sharing between elected members. He advised he
would arrange a collective mode of travel so expected travel costs could be
kept to a minimum.

Resolved: (Mr
Tupou/Mr Stallworth) Minute
No. WCB 18407

“That the Board:

(i) notes
the report;

(ii) holds
an informal meeting in the week prior to 17 September 2018, to finalise the
Community Spirit Awards nomination process;

(iii) calls
for nominations for the Community Spirit Awards, opening on Monday 24
September 2018 and closing on Friday 26 October 2018;

(iv) holds
an informal meeting in the week prior to its 7 November 2018 meeting to
discuss nominations for the Community Spirit Awards, and notify the
successful recipient/s;

(v) organises
caterers to provide finger food for the Community Spirit Awards ceremony;

(vi) agrees
that the Community Spirit Awards ceremony shall commence at 6pm, 7 November
2018, in the Wainuiomata Chambers, with its ordinary meeting to commence at
7pm, 7 November 2018;

(vii) places
two advertisements in the Wainuiomata News calling for nominations for the
Community Spirit Awards; and

(viii) contributes
$200 from its miscellaneous budget towards Facebook articles highlighting
past recipients of the Community Spirit Awards, detailing how the award
influenced the recipient, including photographs.”

Resolved: (Mr Tupou/Cr Briggs) Minute
No. WCB 18408

“That the Board approves the approximate expense of $697.00
plus GST plus travel from the Board’s training budget for Ms
Tuala-Le’afa to attend the Young Elected Members Hui, attached as
Appendix 1 to the report.”

11. Information Item

Ecology and Landscapes Consultation
Update
(18/1404)

Memorandum dated 23 August 2018 by the
Divisional Manager District Plan

Speaking under public comment, Ms D Clark expressed
concern that Council had not reviewed it’s District Plan over the last
10 years as was required by the Resource Management Act. She asked when this
review would take place. She noted that Federated Farmers believed a
non-regulatory approach encouraged more commitment to biodiversity
protection. She regarded Council’s approach as bullying and suggested
an incentive approach with education and support would work better than
regulation.

Speaking under public comment, Mr C White said
Council was effectively taking half his land under the proposed District Plan
Change. He expressed concern he would be required to apply for resource
consent to make any changes on his property. He maintained he had been told
by officers that consent would not be granted. He expressed alarm that people
did not understand the proposed changes and how the changes could affect
their properties.

In response to questions from members,Mr White
advised a recent residents’ meeting had not changed the situation and
had not resulted in a collaborative approach. He added he would be willing to
support a non-regulatory approach and work with Council to find a solution.

Speaking under public comment, Ms J Sylvester advised
all members toact according to the Community Board terms of reference
and listen to their community. She believed Council was manipulating the
information it disseminated for its preferred result. She noted there had
been a precedent in an Environmental Court decision in 2003 where a similar
case was won by affected residents. She expressed concern the proposed
District Plan Change would lead to mortgagee sales because of devalued
property values and a loss of equity.

In response to a question from a member, Ms Sylvester said
she would not be likely to work with Council on a non-regulatory incentive
approach. She emphasised she was not interested in undertaking work on behalf
of Council. She considered each individual’s land was different and
could not be grouped together.

Speaking under public comment, Ms J Wootton
believed the proposed District Plan Change constituted an erosion of human
rights. She advised the proposal had caused health problems in affected
residents and was an anathema to the freedom her forebears fought for. She
requested a firm plan on Council’s intentions.

In response to a question from a member, Ms Wootton
advised she was unsure if she would be willing to work with Council on a
non-regulatory incentive approach. She said it would depend on the outcome of
the first meeting.

Speaking under public comment, Ms P Innes requested
clarification on points six and 12 in the memorandum. She was concerned the
non-regulatory support and incentives mentioned in point 12 might allow for
activities that could affect her property.

In response to questions from Ms Innes, Cr Briggs believed
most of the Significant Natural Areas (SNAs) as mentioned in point six were
removed from properties as a result of revised mapping criteria and some were
reduced. He agreed to discuss her concerns with officers regarding
non-regulatory support and incentives as mentioned in point 12.

In response to a question from a member, Ms Innes was
unsure if she would be willing to work with Council on a non-regulatory
approach.

Speaking under public comment, Mr D Innes referred
to Environmental Court action around Significant Natural Resources at the
time of a proposed District Plan Change in 2003. He said Council’s
Resource Economist at the time had advised that placing regulations on land
to protect vegetation was counter-productive and did not create incentives.
Mr Innes agreed it was more constructive to work with voluntary agreements
between landowners. He considered key stakeholders should be involved
throughout the process with all options considered before decisions were
made.

Speaking under public comment, Ms L Gerrard advised
she was a Coast Road resident who had flooding on her property since the
Greater Wellington Regional Council cut down pine trees in the Remutaka
Forest Park. She added she was forced to raise her house and push stock into
native bush on high land that was previously fenced off. She expressed
concern the SNA proposal was an additional threat to the farm’s value
and the family’s livelihood. Ms Gerrard found it contradictory
that Council was intensifying housing in many areas and deforesting the
Wainuiomata Hill for the cycle lane. She had not been invited to the
Council facilitated meeting and had not received any substantial information
in writing. She expressed frustration there had been no open communication
and said she had lost trust in the process.

In response to questions from members, Ms Gerrard said she
did not think a working group should be making decisions on her future and
her land. She believed decisions needed to be made by individual landowners.
She was willing to engage with Council to influence future policy change.

Speaking under public comment, Mr B Desmond described
himself as a conservationist who had been caring for his 120 acres of bush
land for 35 years. He had subdivided the property for his children, added
easements and laid power. He expressed frustration his entire property was
overlaid as an SNA so the plan for his children was no longer possible. He
noted residents who planted pine trees were getting carbon credits but
residents whose land remained in native bush received nothing. He believed
the proposed District Plan Change was contrary to the Bill of Rights. He
asked the members to support its community rather than supporting SNAs.

In response to a question from a member, Mr Desmond said
that in his experience any working group would largely consist of other
stakeholders such as bike groups. He believed they would have a different
focus from that of his own and other landowners.

Speaking under public comment, Ms L Olsen advised she
supported the SNA protestors and offered support from Wainuiomata Marae. She
considered their mana had been trampled.

Speaking under public comment, Ms S van de Wells advised
90% of her 10 acre property in Moores Valley had been overlaid as an
SNA. She expressed frustration the SNA overlay would reduce her equity
and the farm value significantly. She said the property had been bought only
a year ago. She expressed concern the SNA designation had threatened her
dream to create a sustainable life-style block.

Members discussed the idea of a non-regulatory approach
and rebuilding trust with the community. They committed to ensuring they were
available to liaise between Council officers and affected residents with
regard to SNAs. Ms Brown, Ms Winterburn and Ms Tuala Le’afa
volunteered to be liaison persons for rural residents and follow up on
information requests with officers.

Resolved: (Mr Tupou/Ms Winterburn) Minute
No. WCB 18409

“That the Board receives and
notes the memorandum.”

Resolved: (Mr Tupou/Cr Barry)
Minute No. WCB 18410

“That the Board appoints Ms K Brown, Ms J
Winterburn and Ms S Tuala Le’afa as the Board’s representatives
to liaise with residents affected by the proposed Ecology and Landscapes
District Plan Change and report back to the Board when necessary.”

12. QUESTIONS

There were no questions.

There being no further business
the Chair declared the meeting closed at 9.34pm.

Mr G Tupou

CHAIR

CONFIRMED as a true and correct record

Dated this 7th day of November 2018

19 07
November 2018

Wainuiomata
Community Board

24 October 2018

File: (18/1706)

Report
no: WCB2018/5/297

Fraser Colman Grove -
Proposed No Stopping At All Times Restrictions

Purpose
of Report

1. To
recommend that Council approves the installation of the proposed No Stopping At
All Times restrictions on Fraser Colman Grove, as shown attached as Appendix 1 to
the report.

Recommendation

That the Traffic Subcommittee
recommends that Council approves the installation of the proposed No Stopping
At All Times restrictions on Fraser Colman Grove, as shown attached as
Appendix 1 to the report.

For the reasons the proposed
restrictions:

- would
prevent vehicles parking too close to driveways in the cul-de-sac turning
areas;

- promote
compliance with the Land Transport (Road User) Rule 2004; and

- are supported by the local
residents who responded to the consultation documents.

Background

2. A Fraser Colman
Grove resident telephoned Council with a request for No Stopping At All Times
restrictions (broken yellow lines) to be installed between numbers 14 and 16
Fraser Colman Grove, Wainuiomata.

3. The concern is
that when vehicles park in the cul-de-sac turning areas, visibility and
accessibility for users of residential driveways is compromised.

Discussion

4. Discussions with
the resident revealed that manoeuvring in the cul-de-sac can be compromised
when vehicles are parked in the area.

5. No stopping at all
times markings in the cul-de-sacs are only proposed over driveways and sections
where a standard carpark length cannot be accommodated.

7. Although the
complainant was only concerned about the southern cul-de-sac, officers have
adopted the proposed restrictions on the northern cul-de-sac as well so that
the restrictions within the street are consistent.

8. The proposed
restrictions would result in the loss of approximately eight on road parking
spaces however, most of these spaces are not technically legal under the
requirements of Land Transport (Road User) Rule 2004 which states that ‘A
driver or person in charge of a vehicle must not stop, stand or park the
vehicle on any part of the roadway so close to any corner, bend, rise, dip,
traffic island, or intersection as to obstruct or be likely to obstruct other
traffic or any view of the roadway…’.

9. The proposed
restrictions will improve accessibility for residents of the street.

Options

10. The options are:

a. to leave the area as it
is and accept the current level of service for accessibility and road safety;
or

b. install the proposed No
Stopping At All Times restrictions as shown in Appendix 1 to improve
accessibility within the street; or

c. install No Stopping At
All Times restrictions over some lesser or greater extent of the street.

11. Officers recommend option b.
as it will improve accessibility within the street and best matches the needs
of the local residents based on the consultation feedback.

Consultation

12. Consultation documents were
delivered to all residences in Fraser Colman Grove.

13. Three questionnaires were
returned; two (67%) in favour, one (33%) against the proposal.

14. Comments from the opposing
resident include:

a. Resident added the
following items to consider:

i. Keep
Left signs to be added to the mountable roundabout on Fraser Colman.

ii. No Parking
signage to be added for the sports fans utilising Fraser Colman as a parking
area on Saturdays blocking driveways etc.

iii. Reduce Traffic
Speed in the Area.

Officer’s response: Keep left signage on the
roundabout might prevent the roundabout being mountable to larger vehicles.
From discussions with the original enquirer, people parking over his driveway
were not only on Saturday mornings. Further investigation and consultation
would need to be undertaken before considering reducing the posted speed limit
or introducing traffic calming measures.

Legal Considerations

15. These restrictions are made
pursuant to the provisions of the Hutt City Council Traffic Bylaw 2017.

Financial
Considerations

16. These changes can be funded
from Council’s 2018/2019 maintenance and operations budget.

Other
Considerations

17. In making this
recommendation, officers have given careful consideration to the purpose of
local government in section 10 of the Local Government Act 2002. Officers
believe that this recommendation falls within the purpose of local government.
It does this in a way that is cost-effective because it utilises standard road
markings.

(i) agrees
to the meeting dates for 2019 in respect of its own meetings attached as
Appendix 2 to the memorandum;

(ii) determines
the start time for its meetings;

(iii) determines
the venue for its meetings;

(iv) notes that
the Chair will set dates for informal meetings of the Board as the need
arises; and

(v) delegates
authority to the Chief Executive in consultation with the Board Chair to
alter the date, time or venue of a meeting, or cancel a meeting, should
circumstances require this.

Purpose
of Memorandum

1. Attached as Appendix 1 to the memorandum is a copy of the report
that was considered by Council at its meeting held on 9 October 2018, along
with the interim schedule of meetings adopted by Council.

2. Please note that the schedule includes a change to the day on which
the Wainuiomata Community Board holds its meeting in Cycle 2 to take account of
the Community Board Conference.

3. It
is a timely reminder that members are responsible for collecting the key and
unlocking the venue, setting up the room for the meeting and packing up the
meeting room following the meeting, if required. The Committee Advisor is
responsible for booking the meeting venue.

2019 Schedule of Meetings for Council, Committees,
Subcommittees and Community Boards

28

Author: Kathryn Stannard

Divisional Manager, Democratic Services

Attachment 1

Hutt City Council Report - Schedule of Meetings for
2019 - 9 October 2018

Attachment 2

2019 Schedule of Meetings for Council, Committees, Subcommittees
and Community Boards

MEMORANDUM 33 07
November 2018

Our Reference 18/1701

TO: Chair
and Members

Wainuiomata Community Board

FROM: Kathryn
Stannard

DATE: 23
October 2018

SUBJECT: Review of the Code of Conduct

Recommendations

That the Board:

(i) notes the
amendments to the Code of Conduct for Elected Members, attached as Appendix 1
to this report; and

(ii) agrees to be bound
by the Code of Conduct for Elected Members, with all necessary modifications
to make it applicable to community board members.

Purpose
of Memorandum

1. To inform the
Boards of the amendments to the Code of Conduct for Elected Members (the Code).

Background

2. In February 2017,
the Boards agreed to adopt the Code for the 2016-2019 triennium.

3. Through the course
of dealing with a number of complaints under the Code during 2017 some
potential issues were identified as follows:

a. Complainants
were allowed to submit complaints, without providing adequate information or
evidence in support. This placed a burden on external investigators, who
were forced to spend large amounts of time gathering information and evidence
(at cost to Council), in order to properly determine the complaint. There
is no capacity for the issue to be resolved in-house through informal means,
before being forwarded to an external party.

b. There is some
uncertainty around the process where an external organisation or person wished
to make a complaint under the Code. Under the previous Code, anybody
could make a complaint. Under the new Code, complaints can only be raised
by other members. However, complaints can be based on information and evidence
provided by external organisations or members of the public. This was to
address one of the major issues identified by LGNZ with Codes that allowed the
public to make complaints, being that “members of the public [were]
making complaints about the behaviour of individual members for reasons that
appear to be more concerned with settling ‘political’ differences,
rather than breaches of a code of conduct”.

c. There is
some uncertainty around the ‘material’ threshold established by the
Code.

4. Council, at its
meeting held on 12 December 2017, reviewed the Code and made amendments to
resolve the issues highlighted in number 3 above.

(i) amends
the Code of Conduct (the Code) to require a complaint under the Code to have
the following particulars, before being accepted as a valid complaint;

(a) the
nature of the complaint, including the parts of the Code alleged to have been
breached; and

(b) how
the breach, if proven, would bring a member or Council into disrepute, or, if
not addressed, reflect adversely on another member of Council; and

(c) include
all information and evidence relied on to substantiate the breach (this
requirement also applies to responses to complaints); and

(d) set
out what steps the complainant has already taken to resolve the complaint.

(ii) endorses
the informal dispute resolution process, previously incorporated into the
Code, for complaints not involving the Mayor;

(iii) amends
the Code to allow the Mayor and Chief Executive Officer (CEO), acting
jointly, the power to refuse to progress a complaint to the preliminary
investigation stage;

(iv) amends the Code to allow a Committee consisting of
the current Chairpersons of Council standing committees, who do not have an
interest in a complaint, the power to direct the CEO not to progress a
complaint involving the Mayor to the preliminary investigation stage;

(v) amends
the Code to provide that the powers in (iii) and (iv) can only be exercised
where the decision-makers form the view that the complaint does not have a
reasonable prospect of being declared material;

(vi) amends
the Code to clarify that complaints and information relating to the
resolution of complaints are confidential up to and including the preliminary
investigation stage (to allow ‘without prejudice’ discussions,
with a view to early resolution of complaints);

(vii)amends the
Code to clarify the expectations of Council and the CEO of external
investigators when conducting a preliminary investigation. Emphasis
will be placed on the following requirements:

(a) that
the onus is on the complainant and subject of the complaint to provide all
the information and evidence relied on, as part of their initial complaint or
response;

(b) telephone
calls may be made to clarify the information or evidence, but that
face-to-face interviews or further investigation of the issues will only be
undertaken if the complaint is of a particularly serious nature;

(c) that
the investigation should be proportionate to the potential harm that might
result if the breach is proven;

(d)
any other requirement of the CEO;

(viii) amends
the Code to include a new category of breach, being a “substantial
breach”. A substantial breach is a breach of the Code that does
not meet the “material breach” definition but is still more than
a minor or technical breach;

(ix) amends the Code to provide that a substantial breach
is to be treated the same as a material breach in terms of process;

(x) directs
the CEO to appoint a new panel of external investigators willing to work on a
low cost or pro bono basis;

(xi) directs
the CEO to make enquires and provide a list of names of potential candidates
for the Code of Conduct Committee to the Mayor, with candidates willing to
work on a low cost or pro bono basis;

(xii) amends
the existing process where only members can make complaints under the Code
but clarifies that a member can make a complaint based on information and
evidence supplied by the public or an organisation. Any such complaint
will be a complaint by the member who makes it; and

(xiii) clarifies
that complaints received by Council staff which concern the Code will be
forwarded to the Mayor’s Office. The Mayor will either progress
or decline to progress the complaint.”

6. To
assist members in their understanding of the amendments, Appendix B contained
in Appendix 1 of the Code sets out the steps for the new process for the
determination and investigation of complaints.

Legal Considerations

7. The
Code sets out the standards of behaviour expected from elected members in the
exercise of their duties. Its purpose is to:

■ enhance
the effectiveness of the local authority and the provision of good local
government of the community, city, district or region;

■ promote
effective decision-making and community engagement;

■ enhance
the credibility and accountability of the local authority to its communities;
and

■ develop
a culture of mutual trust, respect and tolerance between the members of the
local authority and between the members and management.

8. This
purpose is given effect through the values, roles, responsibilities and
specific behaviours agreed in the Code.

9. Clause
36B of the Local Government Act 2002 (the Act) states that each member of each
local board must comply with the Code adopted by the governing body (the
Council) under clause 15 of the Act.

Financial Considerations

10. The aim of the amendments is
to reduce the financial impact of complaints under the Code. The
amendments were targeted at reducing the number of complaints under the Code
and the early resolution of any complaints that were made.

11. Where a complaint does
progress, the amendments provide for controls to limit or remove any external
cost.

The Code has been adopted in accordance
with clause 15 of Schedule 7 of the Local Government Act 2002 (LGA 2002) and
applies to all members, including the members of any community boards that have
agreed to adopt it. The Code is designed to deal with the behaviour of members
towards:

§ each
other;

§ the
chief executive and staff;

§ the
media; and

§ the
general public.

It is also concerned with the disclosure
of information that members receive in their capacity as elected members and
information which impacts on the ability of the local authority to give effect
to its statutory responsibilities

This Code can only be amended (or
substituted by a replacement Code) by a vote of at least 75 per cent of members
present at a meeting when amendment to the Code is being considered. The Code
should be read in conjunction with the council’s Standing Orders.

Members will treat people, including
other members, with respect and courtesy, regardless of their race, age,
religion, gender, sexual orientation, or disability. Members will respect the
impartiality and integrity of officials.

Members will take all reasonable steps
to ensure they fulfil the duties and responsibilities of office, including
attending meetings and workshops, preparing for meetings, attending civic
events, and participating in relevant training seminars.

Members will actively promote and
support these principles and ensure they are reflected in the way in which the
Council operates, including a regular review and assessment of the
Council’s collective performance.

These values complement, and work in
conjunction with, the principles of s.14 of the LGA 2002 and the governance
principles of s.39 of the LGA 2002.

Good governance requires
clarity of roles and respect between those charged with responsibility for the
leadership of the council and those responsible for advice and the
implementation of council decisions. The key roles are:

§ ensuring
that all responsibilities delegated to the chief executive are properly
performed or exercised;

§ ensuring
the effective and efficient management of the activities of the local
authority;

§ maintaining
systems to enable effective planning and accurate reporting of the financial
and service performance of the local authority;

§ providing
leadership for the staff of the council; and

§ employing
staff on behalf of the council (including negotiation of the terms of
employment for those staff).

Under s.42 of the LGA 2002 the chief
executive is the only person directly employed by the council itself. All concerns
about the performance of an individual member of staff must, in the first
instance, be referred to the chief executive.

An important element of good governance
involves the relationship between the council and its chief executive. Members
will respect arrangements put in place to facilitate this relationship,
and:

§ raise
any concerns about employees, officers or contracted officials with the chief
executive;

§ raise
any concerns about the performance or behaviour of the chief executive with the
mayor;

§ make
themselves aware of the obligations that the council and the chief executive
have as employers and observe those requirements at all times, such as the duty
to be a good employer;

§ treat
all employees with courtesy and respect and avoid publicly criticising any
employee;

§ observe
any protocols put in place by the chief executive concerning contact between
members and employees;

§ avoid
doing anything which might compromise, or could be seen as compromising, the
impartiality of an employee.

Any failure by members to act in the
manner described above represents a breach of this Code.

Please note:
Elected members should be aware that failure to observe this portion of the
Code may compromise the council’s obligations to be a good employer and
consequently expose the council to civil litigation or affect the risk
assessment of council’s management and governance control processes
undertaken as part of the council’s audit.

Given that the performance of the
council requires the trust and respect of individual citizens, members will:

§ interact
with members of the public in a fair, respectful, equitable and honest manner;

§ be
available to listen and respond openly and honestly to community concerns;

§ consider
all points of view or interests when participating in debate and making
decisions;

§ treat
members of the public in a courteous manner; and

§ act
in a way that upholds the reputation of the local authority.

Any failure by members to act in the
manner described above represents a breach of this Code.

6. Contact with the media (incorporates social media
such as Facebook, Twitter)

The media play an important part in the
operation and efficacy of local democracy. In order to fulfil this role the
media needs access to accurate and timely information about the affairs of
council.

From time to time individual members
will be approached to comment on a particular issue either on behalf of the
council, or as an elected member in their own right. When responding to the
media members must be mindful that operational questions should be referred to
the chief executive and policy-related questions referred to the mayor or the
member with the appropriate delegated authority.

When speaking to the media more
generally members will abide by the following provisions:

§ the
mayor is the first point of contact for an official view on any issue, unless
delegations state otherwise. Where the mayor is absent requests for comment
will be referred to the deputy mayor or relevant committee chair or portfolio
holder;

§ the
mayor may refer any matter to the relevant committee chair or to the chief
executive for their comment; and

§ no
other member may comment on behalf of the council without having first obtained
the approval of the mayor.

Elected members are free to express a
personal view in the media, at any time, provided the following rules are
observed:

§ media
comments must not state or imply that they represent the views of the council;

§ media
comments which are contrary to a council decision or policy must clearly state
that they do not represent the views of the majority of members;

§ media
comments must observe the other requirements of the Code; for example, comments
should not disclose confidential information, criticise, or compromise the
impartiality or integrity of staff; and

§ media
comments must not be misleading and should be accurate within the bounds of
reasonableness.

Any failure by members to meet the
standards set out above represents a breach of this Code.

In the course of their duties members
will occasionally receive information that is confidential. This will generally
be information that is either commercially sensitive or is personal to a
particular individual or organisation. Accordingly, members agree not to use or
disclose confidential information for any purpose other than the purpose for
which the information was supplied to the member.

Members will disclose to other members
and, where appropriate the chief executive, any information received in their
capacity as an elected member that concerns the council’s ability to give
effect to its responsibilities.

Members who are offered information on
the condition that it remains confidential will inform the provider of the
information that it is their duty to disclosure the information and will
decline the offer if that duty is likely to be compromised.

Any failure by members to act in the
manner described above represents a breach of this Code.

Please note:
failure to observe these provisions may impede the performance of the council
by inhibiting information flows and undermining public confidence. It may also
expose the council to prosecution under the Privacy Act and/or civil
litigation.

Elected members will maintain a clear
separation between their personal interests and their duties as elected members
in order to ensure that they are free from bias (whether real or perceived).
Members therefore must familiarise themselves with the provisions of the Local
Authorities (Members’ Interests) Act 1968 (LAMIA).

Members will not participate in any
council discussion or vote on any matter in which they have a pecuniary
interest, other than an interest in common with the general public. This rule
also applies where the member’s spouse contracts with the authority or
has a pecuniary interest. Members shall make a declaration of interest as soon
as practicable after becoming aware of any such interests.

If a member is in any doubt as to
whether or not a particular course of action (including a decision to take no
action) raises a conflict of interest, then the member should seek guidance
from the chief executive immediately. Members may also contact the Office of
the Auditor General for guidance as to whether they have a pecuniary interest,
and if so, may seek an exemption to allow that member to participate or vote on
a particular issue in which they may have a pecuniary interest. The latter must
be done before the discussion or vote.

Please note:
Failure to observe the requirements of the LAMIA could potentially invalidate
the decision made, or the action taken, by the council. Failure to observe
these requirements could also leave the elected member open to prosecution (see
Appendix A). In the event of a conviction, elected members can be ousted from
office.

Members shall annually make a
declaration of interest. These declarations are recorded in a Register of
Interests maintained by the council. The declaration must include information
on the nature and extent of any interest, including:

a) any
employment, trade or profession carried on by the member or the members’
spouse for profit or gain;

b) any
company, trust, partnership etc for which the member or their spouse is a
director, partner or trustee;

c) the
address of any land in which the member has a beneficial interest within the
jurisdiction of the local authority; and

d) the
address of any land owned by the local authority in which the member or their
spouse is:

§ a
tenant; or

§ the
land is tenanted by a firm in which the member or spouse is a partner, a
company of which the member or spouse is a director, or a trust of which the
member or spouse is a trustee:

e) any
other matters which the public might reasonably regard as likely to influence
the member’s actions during the course of their duties as a member (if
the member is in any doubt on this, the member should seek guidance from the
chief executive)

Please note:
Where a member’s circumstances change they must ensure that the Register
of Interests is updated as soon as practicable.

Members will seek to promote the highest
standards of ethical conduct. Accordingly members will:

§ claim
only for legitimate expenses as determined by the Remuneration Authority and
any lawful policy of the council developed in accordance with that
determination;

§ not
influence, or attempt to influence, any council employee, officer or member in
order to benefit their own, or families personal or business interests;

§ only
use the council resources (such as facilities, staff, equipment and supplies)
in the course of their duties and not in connection with any election campaign
or personal interests; and

§ not
solicit, demand, or request any gift, reward or benefit by virtue of their
position and notify the chief executive if any such gifts are accepted. Where a
gift to the value of $100 or more is accepted by a member, that member must
immediately disclose this to the chief executive for inclusion in the publicly
available register of interests.

Any failure by members to comply with
the provisions set out in this section represents a breach of this Code.

In accordance with clause 15(5) of
Schedule 7 (LGA 2002) any member who is an “undischarged bankrupt”
will notify the chief executive prior to the inaugural meeting or as soon as
practicable after being declared bankrupt. The member will also provide the
chief executive with a brief explanatory statement of the circumstances
surrounding the member’s adjudication and the likely outcome of the
bankruptcy.

In accordance with the purpose of the
Code, members agree to take all reasonable steps in order to participate in
activities scheduled to promote a culture of mutual trust, respect and
tolerance. These include:

§ Attending
post-election induction programmes organised by the council for the purpose of
facilitating agreement on the council’s vision, goals and objectives and
the manner and operating style by which members will work.

§ Taking
part in any assessment of the council’s overall performance and operating
style during the triennium.[3]

§ Taking
all reasonable steps to ensure they possess the skills and knowledge to
effectively fulfil their Declaration of Office and contribute to the good
governance of the city, district or region.

Members must comply with the provisions
of this Code (LGA 2002, schedule 7, s. 15(4)). Any member, or the chief
executive, who believes that the Code has been breached by the behaviour of a
member, may make a complaint to that effect. All complaints will be considered
in a manner that is consistent with the following principles.

The following principles will guide any
processes for investigating and determining whether or not a breach under this
Code has occurred:

§ that
the approach for investigating and assessing a complaint will be proportionate
to the apparent seriousness of the breach complained about;

§ that
the roles of complaint, investigation, advice and decision-making will be kept
separate as appropriate to the nature and complexity of the alleged breach; and

§ that
the concepts of natural justice and fairness will apply in the determination of
any complaints made under this Code. This requires, conditional on the nature
of an alleged breach, that affected parties:

§ have
a right to know that an investigation process is underway;

§ are
given due notice and are provided with an opportunity to be heard;

All complaints made under this Code must
be made in writing and forwarded to the Mayor, unless the Mayor is a party to
the complaint. On receipt of a complaint, the Mayor will attempt to
resolve the complaint through informal dispute resolution.

If the Mayor is a party to a complaint,
or fails to resolve the complaint to the satisfaction of the complainant within
a reasonable time, the complainant has the right to forward the complaint to
the chief executive.

The Mayor and Chief Executive, acting
jointly, have the power to dismiss a complaint prior to the preliminary
assessment stage if they are of the view that the complaint does not have a
reasonable prospect of being declared substantial or material.

If the Mayor is a party to the
complaint, a Committee consisting of the current Chairpersons of Council
standing committees have the power to dismiss a complaint prior to the
preliminary assessment stage if they are of the view that the complaint does
not have a reasonable prospect of being declared substantial or material.

A complaint and all information relating
to its resolution are strictly confidential up to and including the preliminary
investigation stage. This is to allow the equivalent of ‘without
prejudice’ discussions, with a view to the early resolution of
complaints, where possible.

On receipt of a complaint, the chief
executive must forward that complaint to an independent investigator for a
preliminary assessment to determine whether the issue is sufficiently serious
to warrant a full investigation.[4]

Only members may make a complaint under
this Code.

For clarity, a complaint under this Code
can be made by a member in reliance on information or evidence provided by the
public or an organisation.

If a complaint from the public or an organisation,
touching on matters dealt with by the Code, is received by Council staff, it
will be forwarded to the Mayor. The Mayor will assess the complaint (in
consultation with staff, if necessary) and may make a complaint under the Code
or forward the complaint to a particular member. If a complaint from the
public or an organisation of this nature is dismissed, the complainant will be
advised in writing.

12.3 FORM OF Complaints

Before making a complaint under this
Code, a complainant should first make all reasonable attempts to resolve the
matter, if appropriate.

A complaint must contain the following:

a. The nature of the complaint,
including the parts of the Code that are alleged to have been breached.

b. How the breach, if proven,
would bring a member or Council into disrepute, or, if not addressed, reflect
adversely on another member of Council.

c. What steps the complainant has
already taken to resolve the complaint.

d. Include all the information
and evidence relied on to substantiate the breach.

A complaint could be rejected at any
stage as incomplete, if it did not contain these details.

The requirements to provide all
information and evidence relied on also apply to a member defending a
complaint.

An alleged breach under this Code is
material if, in the opinion of the independent investigator, it would, if
proven, bring a member or the council into disrepute or, if not addressed,
reflect adversely on another member of the council.

An alleged breach under this Code is
substantial if, in the opinion of the independent investigator, it is less than
material but more than minor or trivial.

5. restricted
entry to council offices, such as no access to staff areas (where restrictions
may not previously have existed);

6. limitation
on any dealings with council staff so that they are confined to the chief
executive only;

7. suspension
from committees or other bodies; or

8. an
invitation for the member to consider resigning from the council.

9. reimbursement
of all or a portion of Council’s external costs, including meeting
payments to external committee members, incurred in investigating the matter.

A council or committee may decide that a
penalty will not be imposed where a respondent agrees to one or more of the
following:

§ attend
a relevant training course; and/or

§ work
with a mentor for a period of time; and/or

§ participate
in voluntary mediation (if the complaint involves a conflict between two
members); and/or

§ tender
an apology.

The process at this stage is based on the
presumption that the outcome of a complaints process will be made public unless
there are grounds, such as those set out in the Local Government Official
Information and Meetings Act 1987 (LGOIMA), for not doing so.

In cases where a breach of the Code is
found to involve regulatory or legislative requirements, the complaint will be
referred to the relevant agency. For example:

§ breaches
relating to members’ interests (where members may be liable for
prosecution by the Auditor-General under the LAMIA);

§ breaches
which result in the council suffering financial loss or damage (where the
Auditor-General may make a report on the loss or damage under s.30 of the LGA
2002 which may result in the member having to make good the loss or damage); or

§ breaches
relating to the commission of a criminal offence which will be referred to the
Police (which may leave the elected member liable for criminal prosecution).

Once adopted, a Code of Conduct
continues in force until amended by the council. The Code can be amended at any
time but cannot be revoked unless the council replaces it with another Code.
Once adopted, amendments to the Code require a resolution supported by 75 per
cent of the members of the council present at a council meeting where the
amendment is considered.

Council may formally review the Code as
soon as practicable after the beginning of each triennium. The results of that review
will be considered by the council in regard to potential changes for improving
the Code.

The Local Authorities (Members’
Interests) Act 1968 (LAMIA) provides rules about members discussing and voting
on matters in which they have a pecuniary interest and about contracts between
members and the council.

A pecuniary interest is likely to exist if
a matter under consideration could reasonably give rise to an expectation of a
gain or loss of money for a member personally (or for their spouse or a company
in which they have an interest). In relation to pecuniary interests the LAMIA
applies to both contracting and participating in decision-making processes.

With regard to pecuniary or financial
interests a person is deemed to be “concerned or interested” in a
contract or interested “directly or indirectly” in a decision when:

§ a
person, or spouse or partner, is “concerned or interested” in the
contract or where they have a pecuniary interest in the decision; or

§ a
person, or their spouse or partner, is involved in a company that is
“concerned or interested” in the contract or where the company has
a pecuniary interest in the decision.

There can also be additional situations
where a person is potentially “concerned or interested” in a
contract or have a pecuniary interest in a decision, such as where a contract
is between an elected members’ family trust and the council.

Elected members are often faced with the
question of whether or not they have a pecuniary interest in a decision and if
so whether they should participate in discussion on that decision and vote.
When determining if this is the case or not the following test is applied:

“…whether, if
the matter were dealt with in a particular way, discussing or voting on that
matter could reasonably give rise to an expectation of a gain or loss of money
for the member concerned.” (OAG, 2001)

In deciding whether you have a pecuniary
interest, members should consider the following factors.

§ What
is the nature of the decision being made?

§ Do I
have a financial interest in that decision - do I have a reasonable expectation
of gain or loss of money by making that decision?

§ Is
my financial interest one that is in common with the public?

§ Do
any of the exceptions in the LAMIA apply to me?

§ Could
I apply to the Auditor-General for approval to participate?

Members may seek assistance from the
mayor or other person to determine if they should discuss or vote on an issue
but ultimately it is their own judgment as to whether or not they have
pecuniary interest in the decision. Any member who is uncertain as to whether
they have a pecuniary interest is advised to seek legal advice. Where
uncertainty exists members may adopt a least-risk approach which is to not
participate in discussions or vote on any decisions.

Members who do have a pecuniary interest
will declare the pecuniary interest to the meeting and not participate in the
discussion or voting. The declaration and abstention needs to be recorded in
the meeting minutes. (Further requirements are set out in the council’s
Standing Orders.)

A member is disqualified from office if
he or she is “concerned or interested” in contracts with their
council if the total payments made, or to be made, by or on behalf of the
council exceed $25,000 in any financial year. The $25,000 limit includes GST.
The limit relates to the value of all payments made for all contracts in which
you are interested during the financial year. It does not apply separately to
each contract, nor is it just the amount of the profit the contractor expects
to make or the portion of the payments to be personally received by you.

The Auditor-General can give prior
approval, and in limited cases, retrospective approval for contracts that would
otherwise disqualify you under the Act. It is an offence under the Act for a
person to act as a member of the council (or committee of the council) while
disqualified.

In addition to the issue of pecuniary
interests, rules and common law govern conflicts of interest more generally.
These rules apply to non-pecuniary conflicts of interest, including common law
rules about bias. In order to determine if bias exists or not members need to
ask:

“Is there a real
danger of bias on the part of the member of the decision-making body, in the
sense that he or she might unfairly regard with favour (or disfavour) the case
of a party to the issue under consideration?”

The question is not limited to actual
bias, but relates to the appearance or possibility of bias reflecting the
principle that justice should not only be done, but should be seen to be done.
Whether or not members believe they are not biased is irrelevant.

Members should focus be on the nature of
the conflicting interest or relationship and the risk it could pose for the
decision-making process. The most common risks of non-pecuniary bias are where:

§ members’
statements or conduct indicate that they have predetermined the decision before
hearing all relevant information (that is, members have a “closed
mind”); and

§ members
have a close relationship or involvement with an individual or organisation
affected by the decision.

In determining whether or not they might
be perceived as biased, members must also take into account the context and
circumstance of the issue or question under consideration. For example, if a
member has stood on a platform and been voted into office on the promise of
implementing that platform then voters would have every expectation that the
member would give effect to that promise, however he/she must still be seen to
be open to considering new information (this may not apply to decisions made in
quasi-judicial settings, such as an RMA hearing).

The Local Government Official
Information and Meetings Act 1987 sets out a list of meetings procedures and
requirements that apply to local authorities and local/community boards. Of
particular importance for the roles and conduct of elected members is the fact
that the chair has the responsibility to maintain order at meetings, but all
elected members should accept a personal responsibility to maintain acceptable
standards of address and debate. No elected member should:

§ create
a disturbance or a distraction while another councillor is speaking;

§ be
disrespectful when they refer to each other or other people; or

§ use
offensive language about the council, other members, any employee of the
council or any member of the public.

Under this Act it is unlawful for an
elected member (or officer) to advise anyone to enter into a contract with a
third person and receive a gift or reward from that third person as a result,
or to present false receipts to council.

If convicted of any offence under this
Act a person can be imprisoned for up to two years, and/or fines up to $1000. A
conviction would therefore trigger the ouster provisions of the LGA 2002 and
result in the removal of the member from office.

Financial Markets Conduct Act 2013
(previously the Securities Act 1978) essentially places elected members in the
same position as company directors whenever council offers stock to the public.
Elected members may be personally liable if investment documents such as a
prospectus contain untrue statements and may be liable for criminal prosecution
if the requirements of the Act are not met.

The Local Government Act 2002 (LGA 2002)
sets out the general powers of local government, its purpose and operating
principles. Provisions directly relevant to this Code include:

Personal liability of members

Although having qualified privilege,
elected members can be held personally accountable for losses incurred by a
local authority where, following a report from the Auditor General under s.44
LGA 2002, it is found that one of the following applies:

a) money
belonging to, or administered by, a local authority has been unlawfully
expended; or

b) an
asset has been unlawfully sold or otherwise disposed of by the local authority;
or

c) a
liability has been unlawfully incurred by the local authority; or

d) a
local authority has intentionally or negligently failed to enforce the
collection of money it is lawfully entitled to receive.

Members will not be personally liable
where they can prove that the act or failure to act resulting in the loss
occurred as a result of one of the following:

a) without
the member’s knowledge;

b) with
the member’s knowledge but against the member’s protest made at or
before the time when the loss occurred;

c) contrary
to the manner in which the member voted on the issue; and

d) in
circumstances where, although being a party to the act or failure to act, the
member acted in good faith and relied on reports, statements, financial data,
or other information from professional or expert advisers, namely staff or
external experts on the matters.

In certain situation members will also
be responsible for paying the costs of proceedings (s.47 LGA 2002).

On receipt of a complaint under this
Code, the mayor will attempt to resolve the complaint through informal dispute
resolution, within a reasonable time.

If the complainant is not satisfied with
the proposed resolution or the complaint has not been resolved within a
reasonable time, the complainant has the right to forward the complaint to the
chief executive.

The Mayor and Chief Executive, acting
jointly, have the power to dismiss a complaint prior to the preliminary
assessment stage if they are of the view that the complaint does not have a
reasonable prospect of being declared substantial or material.

If the Mayor is a party to the
complaint, a Committee consisting of the current Chairpersons of Council
standing committees have the power to dismiss a complaint prior to the
preliminary assessment stage if they are of the majority view that the
complaint does not have a reasonable prospect of being declared substantial or
material.

Step 2: Chief
executive receives complaint

On receipt of a complaint under this
Code by either the Mayor or a complainant not satisfied with the process or
proposed resolution under Step 1, the Chief Executive will refer the complaint
to an independent investigator.

The brief to the investigator will make
the following clear:

1. The
onus is on the complainant and subject of the complaint to provide all the
information and evidence relied on, as part of their initial complaint or
defence.

2. The
expectation is that telephone calls may be made to clarify the information or
evidence, but that face-to-face interviews or further investigation of the
issues will only be undertaken if the complaint is of a particularly serious
nature.

3. The
investigation should be proportionate to the potential harm that might result
if the breach is proven.

The Chief Executive will also:

§ inform
the complainant that the complaint has been referred to the independent
investigator and the name of the investigator, and refer them to the process
for dealing with complaints as set out in the Code; and

§ inform
the respondent that a complaint has been made against them, the name of the
investigator and refer them to the process for dealing with complaints as set
out in the Code.

1. the
complaint is frivolous or without substance and should be dismissed;

2. the
complaint is outside the scope of the Code and should be redirected to another
agency or process;

3. the
complaint is non-material; and

4. the
complaint is substantial or material and a full investigation is required.

In making the assessment the
investigator may make whatever initial inquiry is necessary to determine the
appropriate course of action. The investigator has full discretion to dismiss
any complaint which, in their view, fails to meet the test of substantial or
material.

On receiving the investigator’s
preliminary assessment the Chief Executive will:

1. where
an investigator determines that a complaint is frivolous or without substance,
inform the complainant and respondent directly and inform other members (if
there are no grounds for confidentiality) of the investigator’s decision;

2. in
cases where the investigator finds that the complaint involves a potential
legislative breach and outside the scope of the Code, forward the complaint to
the relevant agency and inform both the complainant and respondent of the
action.

If the subject of a complaint is found
to be non-material and not substantial the investigator will inform the Chief
Executive and, if they choose, recommend a course of action appropriate to the
breach, such as;

§ that
the respondent seek guidance from the Chair or Mayor;

§ that
the respondent attends appropriate courses or programmes to increase their
knowledge and understanding of the matters leading to the complaint.

The Chief Executive will advise both the
complainant and the respondent of the investigator’s decision and any
recommendations, neither of which are open to challenge. Any recommendations
made in response to a non-material and not substantial breach are non-binding
on the respondent and the council.

If the subject of a complaint is found
to be material or substantial the investigator will inform the Chief Executive,
who will inform the complainant and respondent. The investigator will then
prepare a report for the council on the seriousness of the breach.

In preparing that report the
investigator may:

§ consult
with the complainant, respondent and any affected parties;

§ undertake
a hearing with relevant parties; and/or

§ refer
to any relevant documents or information.

On receipt of the investigator’s
report the Chief Executive will prepare a report for the council or committee
with delegated authority, which will meet to consider the findings and
determine whether or not a penalty, or some other form of action, will be
imposed. The Chief Executive’s report will include the full report
prepared by the investigator.

Depending upon the nature of the
complaint and alleged breach the investigator’s report may be considered
by the full council, excluding the complainant, respondent and any other
‘interested’ members, or a committee established for that purpose.

In order to avoid any suggestion of
bias, a Code of Conduct Committee may often be the best mechanism for
considering and ruling on complaints. Committees should be established at the
start of a triennium with a majority of members selected from the community
through either an application process or by invitation.

The council or committee will consider
the chief executive’s report in open meeting, except where the alleged
breach concerns matters that justify the exclusion of the public, such as the
misuse of confidential information or a matter that would otherwise be exempt
from public disclosure under s.48 of the LGOIMA, in which case it will be a
closed meeting.

Before making any decision in respect of
the investigator’s report the council or committee will give the member
against whom the complaint has been made an opportunity to appear and speak in
their own defense. Members with an interest in the proceedings, including the
complainant and the respondent, may not take part in these proceedings.

The form of penalty that might be
applied will depend on the nature of the breach and may include actions set out
in section 13.1 of this Code.

In accordance with this Code councils
will agree to implement the recommendations of a Code of Conduct Committee
without debate.

For me this meeting
represents one of the highlights of the year where we get to acknowledge those
in our community doing great work. This is the third year the Community Spirit
Awards have been running, and each time we have been blown away with the number
and quality of nominations that we receive. Those that are being recognised
tonight represent a broad section of our community and are undertaking work in
a number of different areas to make Wainuiomata a great place to live, and they
embody the Community Spirit we take such pride in.

As this is the last
meeting of the calendar year it is a fitting time to wish our community all the
best for the up coming holiday season. I hope that everyone gets time with
family and friends, and is looking forward to a great 2019 as I am.

Next year promises
to be another big one for Wainuiomata with the shared path nearing completion,
the dog park coming along and hopefully a few more big projects getting
started. There is also of course the work to be completed on significant
natural areas and no doubt more consultations with council to follow.

All the best for
the remainder of 2018, and I look forward to working with you all in 2019.

Richard Sinnott
Chair

55 07
November 2018

Wainuiomata Community Board

19 October 2018

File: (18/1683)

Report
no: WCB2018/5/138

Committee Advisor's
Report

1. The
primary purpose of this report is to update the Board on various items of
interest.

Recommendations

That
the Board:

(i) notes
the report;

(ii) determines
catering requirements for its 2019 meetings; and

(iii) determines
advertising requirements for its 2019 meetings.

2. Catering

The Board is
asked to consider catering requirements for its 2019 meetings.

3. Advertising

The Board
currently pays for advertising in the Wainuiomata News before each meeting.
Meetings are also publicised via the Hutt News and on Council’s website
– this cost does not come out of the Board’s budget. The
Board needs to determine whether it wishes to advertise in any other
advertising format for its 2019 meetings.

4. Community Consultations

Please see below
a list of current proposals Council is consulting on:

[1]This excludes sites that are
considered high profile, significant on a city-wide basis due to their size and
location, or where the site crosses ward or community boundaries.

[2]The Operational Guide for Urban
Forest Plan is available from Council’s Parks and Gardens Division.

[3] A
self-assessment template is provided in the Guidance to this Code.

[4] On
behalf of the Council the Chief Executive will, shortly after the start of a
triennium, prepare, in consultation with the Mayor, a list of investigators for
this purpose of undertaking a preliminary assessment. The Chief Executive may
prepare a list specifically for his council, prepare a list jointly with
neighbouring councils or contract with an agency capable of providing
appropriate investigators.